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(영문) 대구지방법원 포항지원 2013.12.19 2013고단1161
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 16, 2013, around 23:40 on September 23:40, 2013, the Defendant discovered that the victim E (here, in female, 31 years of age) is taking a form of human body and is well aware of it. After the victim, the Defendant committed an indecent act by force against the victim by inserting his hand between the victim’s bridge and inserting her her son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (i.e., the first offender and the second offender) in the suspension of execution;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit his/her personal information to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. of the Defendant exempted from disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances where disclosure or notification of personal information shall not be disclosed or notified pursuant to Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1)

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